Suspension
Suspension is when an employee is sent home from work, usually while receiving full pay. You can be suspended if you are being investigated for misconduct, or for health or safety reasons, for example, because you are pregnant.
You may be suspended without pay if your employment contract provides for this, but they must act reasonably in doing so and advice should be sought immediately from your UNISON rep.
Suspension is often part of an organisation’s disciplinary procedure, to allow an investigation to take place. You should normally be told why you are being suspended.
You remain an employee, and your employment rights continue while you are suspended. Therefore, if you do not receive the correct pay while suspended, you may be able to bring a claim to the employment tribunal. If this happens, please speak to your UNISON rep.
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What does it mean to be suspended?
A suspension is when you remain employed but are asked to not attend your place of work, or engage in any work at all (such as working from home).
There are two main types of suspension:
- Suspension for medical or health and safety reasons.
- Suspension as part of a disciplinary procedure (investigation).
Suspension for medical or health and safety reasons
You may be suspended if your job is posing a risk to your health or safety. For example, if you develop an allergic reaction to chemicals you are exposed to while working.
In these situations, your employer can offer you an alternative job that reduces the risk, even if this is not stated in your contract. If this alternative job is reasonable, you cannot choose to be suspended instead.
You can be suspended for medical or health and safety reasons for up to 26 weeks on full pay, as long as you have been employed for at least one month.
Suspension as part of a disciplinary procedure (investigation)
You may be suspended on full pay if allegations of misconduct have been made against you and are being investigated. Suspension on full pay is not a punishment, but part of the investigation process in a disciplinary procedure for many employers.
Your employer should give you a clear reason for the suspension and explain what other options have been explored instead of suspension. If you are suspended because of allegations against you, you are entitled to know what the allegations are and why they are being made.
Your employer needs to do what they can to resolve the issue swiftly and keep the length of the suspension to a minimum. Your employer should keep the suspension decision under review.
Suspension if you are pregnant
If you are pregnant, your employer must complete a risk assessment of your job and working conditions to reduce any health and safety risks to you and your baby. If they cannot provide you with a reasonable and safe alternative to your job then they can suspend you on full pay.
You can be suspended for the duration of your pregnancy, or as long as there is a health and safety risk to you or the baby and there is no suitable alternative to avoiding that risk.
Pay while you are suspended
Unless there is a clause in your contract that says your employer can suspend you without pay, you should receive normal pay while you are suspended. Most suspensions are on full pay, even when part of a disciplinary process. Whether payments such as overtime or commission are included depends on the precise wording of an employment contract.
If you are suspended for medical or health and safety reasons then you should always receive full pay.
If you do not receive the correct pay while suspended, you may be able to bring a claim to the employment tribunal. If this happens, please speak to your UNISON rep.
Employment rights while you are suspended
You remain an employee, so retain your employment rights while you are suspended.
As a condition of your suspension, your employer may prevent you from speaking to fellow employees and clients/customers of the business. This is lawful unless you can show that it interferes with your ability to answer any allegations that have been made against you.
Therefore, if it means you cannot defend yourself properly at any disciplinary hearing, then you could make an appeal. If your employer has instructed you not to communicate with other employees, and you ignore this instruction, your employer could take further disciplinary action against you.
Frequently asked questions
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.